KISHORE KUMAR Vs. K. SHAMALA

JUDGEMENT

(1.) This matter is listed for admission.

(2.) The factual matrix of the case of the prosecution is that the respondent herein has filed an application under Sec. 23 of Protection of Women from Domestic Violence Act, 2005 seeking interim maintenance of Rs.50,000.00 per month. The Trial Court, after considering the material on record, particularly, the format of affidavit of assets, income and expenditure, awarded an amount of Rs.20,000.00 per month. Being aggrieved by the said order, an appeal is filed in Crl. A. No. 185/2020, wherein the format of affidavit of assets, income and expenditure is also filed before the Appellate Court. The Apex Court also, in the judgment in the case of Rajnesh Vs. Neha has issued the guidelines for awarding maintenance. The Appellate Court also, after considering the material on record, reduced the maintenance and ordered to pay interim maintenance of Rs.15,000.00 per month. Hence, the present revision petition is filed before this Court.

(3.) Learned counsel appearing for the petitioner would vehemently contend that the amount of Rs.15,000.00 per month awarded as interim-maintenance is on the higher side and though he is getting salary of Rs.82,000.00, he is having mother and also younger brother and they are depending on the income of this petitioner. She would also contend that both the Courts have committed an error in directing the petitioner to pay the interim-maintenance of Rs.15,000.00 per month. It is also her contention that the respondent is also self-earning and she is running a Beauty Parlour at Mysuru and owns a four storied house in N.R. Mohalla and having sufficient income to maintain herself and this fact has not been appreciated by both the Courts. Hence, it requires interference of this Court.